In June 2000, two agents of the American Postal Workers Union entered the Postal Service’s bulk mail center to solicit drivers employed by Mail Contractors of America (MCOA), a company that hauls mail...

In June 2000, two agents of the American Postal Workers Union entered the Postal Service’s bulk mail center to solicit drivers employed by Mail Contractors of America (MCOA), a company that hauls mail by truck for the postal service. The two agents, neither of whom was employed by the postal service, went to a lounge to solicit membership from drivers. Johnson, a postal service employee, joined the two agents in the lounge. Upon finding the three men talking, a supervisor, after consulting with a manager, instructed them to leave the bulk mail center, which they did. The supervisor and the manager acted pursuant to the postal service’s southeast area office policy: the office policy was to remain neutral, neither hindering nor helping union organization, as well as to prohibit all solicitations. The union filed an unfair labor practice charge. Did the postal service commit an unfair labor practice? What reasons did the NLRB give for its conclusion? American Postal Worker’s Union v. NLRB, 370 F.3d 25 (D.C. Cir. 2004).